ANKIT KUMAR SINGH v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr. Harsh Anuj, Advocate Ms. Pronoti Singh, A.P.P. ORAL ORDER 3 23-08-2023

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 103.680 liters of liquor from a bush found near a water tank at village Maksudpur.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated at the instance of villagers but then the FIR does not disclose the name of the villager who disclosed the name of the Patna High Court CR. MISC. No.33988 of 2023(3) dt.23-08-2023 petitioner which casts an aspersion on the case of the prosecution and even alleged recovery is from a place which is accessible to public at large.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jalalpur P.S. Case No. 21 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. GauravSinha/- U T (Satyavrat Verma, J)